59 N.Y. St. Rptr. 283

John Allen, Resp’t, v. Francis A. Clark, App’lt.

(New York Common Pleas, General Term,

Filed May 17, 1894.)


The decision of the general term of the city court upon the question as to the preponderance of evidence is final.

Appeal from a judgment of the general term of the city court affirming a judgment entered upon a report of a referee.

8. Lobenthal, for app’lt; Earley & Prendergast, for resp’t.

Per Curiam.

It is clear that we cannot review the evidence in order to determine whether there is a preponderance on the one side or the other. The general term of the city court has passed upon that; and its decision is final. The claim that the verdict is against the preponderance of evidence admits that there is some evidence to support the verdict. There is no other quea. tion raised in the points of the appellant, and the judgment must be affirmed, with costs.

Allen v. Clark
59 N.Y. St. Rptr. 283

Case Details

Allen v. Clark
Decision Date
May 17, 1894

59 N.Y. St. Rptr. 283

New York



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